Jan 17 & 20 Flashcards
person who accuse someone
complaintant -
respondent
term for hte one who is accused of the crime
convicted murder (a) where?
conviction based on the lone testimony of an eye-witness. is this sufficient? (b)
(c) accused appealed the convcitin, case pending appeal, the accuse file motion for new trial (bc someone else confessed to the murder is the reason why accuse is asking for new trial) will it prosper?
a. RTC
b. Yes, provided it is credible in source and substance.
c. No, because of the credibility of the eye witness.
rules on filing for new trial
- based on newly discovered evidence
- that newly discovered evidence would most likely would result in the modification/reversal of the judgment
in the case, what would the SC do?
it should have been denied because the requirements were not complied with.
the SC, this calls for a liberal interpretation. even if nothing wrong with the testimony of the first accused. they would grant it.
what happens if the witness is old and is in manila and will have her testimony perpetuated because she is sickly.
rules say, plaintiff who wants to perpetuate in the court where the case in pending (cebu city) and they were asking for the liberal interpretaion.
can it be done in denied?
No. the court denied
- plaintiff initiated it (if
grave abuse of discretion is considered
affidavit of desistance was submitted by the offended party of rape.
the only presented is affidavit of desistance.
but the judge convicted even when the ONLY evidence is the affidavit of desistance.
is his decision proper?
JP say that it’s not as credible be based on the strength on the evidence of the prosecution proving guilt beyond reasonable doubt.
accused is denied due process without evidence submitted against him
the judge will not issue warrant of arrest in summary procedure.
what are the exception?
when you don’t appear during arraignment, the court may issue a warrant of arrest.
REG PRO: file in court
judge will determine if warrant of arrest is issued or not
schedule the case for arraignment and pre-trial
SUM PRO: filing, judge dismiss or requires accuse to submit counteraffidavit (CA),
inquest, or warrantless arrest, the inquest officer who receives the case, if he feels there is sufficient evidence, he will recommend an information be filed against a person (unjust vexation)
suppose no bail is required in SUM PRO but this is inquest (prosecutor must recommend bail)
motion for release
